| PEOPLE EX REL. JOHN D. JUSTICE V DONALD LIVINGSTON, SUPERINTENDENT, ERIE COUNTY HOLDING CENTER, ROBERT J. DENNISON |
| Motion No: KAH 07-01262 |
| Slip Opinion No: 2008 NYSlipOp 65613(U) |
| Decided on February 29, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KAH 07-01262
Index No: I-2007-1543
| PEOPLE OF THE STATE OF NEW YORK EX REL. JOHN D. JUSTICE,
PETITIONER-APPELLANT, V DONALD LIVINGSTON, SUPERINTENDENT, ERIE COUNTY HOLDING CENTER, ROBERT J. DENNISON, CHAIRMAN, NYS
DIVISION OF PAROLE, AND THOMAS DODSON, DIRECTOR, BUFFALO PSYCHIATRIC CENTER,
RESPONDENTS-RESPONDENTS. |
Counsel for appellant having moved for permission to be relieved as assigned counsel on an appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 15, 2007, on the ground that the appeal is moot, and for other relief,
Now, upon reading and filing the affirmation of Kevin J. Bauer, dated February 12, 2008, the notice of motion with proof of service thereof, the opposing statement of John D. Justice, dated February 15, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the order entered July 12, 2007 is vacated, and
It is further ORDERED that the appeal is dismissed, and
It is further ORDERED that the motion is otherwise dismissed.
Entered: February 29, 2008
JoAnn M. Wahl, Clerk